Urgent Need help with SA with CACH need to sign it todayor?
Date: Wed, 07/18/2007 - 12:06
Is it good or there is a catch in paragraph 5?
[quote]COME NOW, the parties, and hereby Stipulate and agree as follows:
1. That all of the allegations contained in Plaintiff;: Complaint are true and correct.
2. Plaintiff shall be entitled to a Final Judgment Execution Withheld against the Defendant(s).
3. That the Defendant(s) shall comply with all of the terms and conditions a set
forth within thin stipulation and in the event that any payment is not received within five (5) days from the due date, then that shall constitute a default.
4. Defendant(s) must make all payments when due. Payments shall be mailed to Law Offices of Andreu & Palma, LLP at their office address; 701 SW 21* Avenue, Ste. 900, Miami, Fl. 33135. Payment(s) of more than the amount of the installment due or down payment shall not relieve the Defendants) of its obligations to make the next monthly payment on the date agreed to. In the event that Defendants) fail to make any payment when due then Plaintiff shall be entitled to an execution order for the full amount then owing plus costs, interest and reasonable attorney's fees to be determined by the Court.
5. It is agreed that Plaintiff shall recover from the Defendant(s) the principal sum of $6,727.68 plus interest in the amount of $3,441, plus court costs in the amount of $295.00 plus attorney's fees in the amount of $750.00, and post judgment interest at the rate of 11% per annum, to be paid as follows: the sum of $4,000.00 due on or before July 27, 2007, which shall serve as settlement in full if paid as agreed
6. Payments received by check will be electronically deposited, unless you pay by non-consumer type check. You may opt out of this program by paying with a money order or a traveler? check.
7. In the unlikely event your check or payment is returned unpaid, we may elect lo
electronically or by paper draft re-present your check or payment up to two more timed.
8. You also understand and agree that we may collect a return processing charge by die same means, in an amount not to exceed that as permitted by state law.
9. A facsimile or copy of this stipulation may be treated as the original.
10. That in the event of default, Plaintiff shall be entitled to an Execution Order upon filing of notice of default and without notice to Defendant^).
11. This agreement has legal terms and bar. legal implications. You have the right to have an attorney review it for you. If you sign I his agreement you are voluntarily agreeing to its terms and will be bound by it.
DATED on this 18 day of July, 2007.[/quote]
Wow..that is a lot. There is a lot of information regarding CAC
Wow..that is a lot. There is a lot of information regarding CACH in this forum. Also there is a class action lawsuit pending against them. Did you ever send them a letter of debt validation before they sent you this stipulation agreement? It would be helpful if we knew some more info or backstory behind this.
Urgent Need help with SA with CACH need to sign it todayor?
Florida,old Chase CC debt, SOL will expire 2008, got phone call from Miami attorney, didnt answer.
Got letter in the mail from local attorney that according to court filings CACH filed a case, if i want a free consultation. SURPRISE!
called local court, they told me yes, case filed, wait for summoms be served. Wait for 3 weeks - nothing, was in court today, discover case#, and that summons will be serve by private contractor??? OK just wait.
Decide to call Maiami attorne/debt collector . Negotiate for 30 min, got 2 call backs. finaly - this agreement, but as always they whant to sigh it right now etc. Call them and told that i need to consult with my attorney, so tomorrow i need to sign it or reject and orepeare to court. and find money byw ;-(